Maharashtra Fruit Nurseries and Sale Of Fruit Plants (Regulation) Act, 1969

No: 45 Dated: Sep, 12 1969

THE MAHARASHTRA FRUITS NURSERIES AND SALE OF FRUIT PLANTS (REGULATION) ACT, 1969

ACT NO. XLV OF 1969

An Act to provide for the licensing and regulation of Fruit Nurseries and Sale of Fruit Plants in the State of Maharashtra.

WHEREAS, it is expedient to provide for the licensing and regulation of fruit nurseries and sale of fruit plants in the State of Maharashtra and for matters connected therewith ;

It is hereby enacted in the Twentieth Year of the Republic of India as follows :—

1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Fruit Nurseries and Sale of Fruit Plants (Regulation) Act, 1969.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires-

(a) "Competent Authority" means a Competent Authority appointed under section 3;

(b) "fruit nursery" means any place, where fruit plants are in the regular course of business propagated and sold for transplantation, but does not include a fruit nursery belonging to, or managed by, the Government;

(c) "fruit plant" means any plant, which can produce edible fruits or nuts, and includes budwood, seedlings, grafts, layers, seeds, bulbs, suckers, rhizomes and cuttings of any such plant;

(d) "owner", in relation to a fruit nursery, means the person who, or the authority which, has the ultimate control over the affairs of such fruit nursery; and where the said affairs are entrusted to a manager, managing director or managing agent such manager, managing director or managing agent shall be deemed to be the owner of the fruit nursery;

(e) "prescribed" means prescribed by rules made under this Act;

(f) "rootstock" means a fruit plant or part thereof on which any portion of a fruit plant has been grafted or budded;

(fa) "sale of fruit plants" means a sale of fruit plants made within the State for cash or deferred payment or other valuable consideration;

(g) "scion" means a portion of a fruit plant which is grafted or budded on to a rootstock.

3. Appointment of competent Authorities. - The State Government may, by notification in the Official Gazette,-

(a) appoint such persons, being gazetted officers of Government, as it

(b) thinks fit to be Competent Authority for the purposes of this Act; and

(c) define the limits within which a Competent Authority shall exercise the powers conferred and perform the duties imposed on a Competent Authority, by or under this Act.